F-bomb gets B.C. lawyer in hot water with his profession’s watchdog (with video)

A B.C. lawyer found out the hard way that it’s not OK to hurl the f-bomb at a Crown witness — a Mountie, no less — even outside the courtroomPhoto by
Ben Ngai

Is it ever acceptable to drop the f-bomb at work?

If you’re a B.C. lawyer, no.

But if you’re a mayor or leader of a federal political party or the creator of an edgy anti-cancer campaign, namely F--- Cancer, then yes.

Changing mores around what is likely the most taboo word in the English language have made it unclear when it’s acceptable to use an epithet traditionally associated with conversations between sailors or barroom patrons.

A B.C. lawyer found out the hard way that it’s not OK to hurl the f-bomb at a Crown witness — a Mountie, no less ­— even outside the courtroom.

Kelowna defence lawyer Martin Drew Johnson was found guilty of professional misconduct, though an eight-page decision of the B.C. Law Society included recognition that “obviously” the use of the word “f---” (the report spelled it out) “isn’t as taboo as it used to be.”

Johnson’s problems began when he asked an RCMP officer, a Crown witness in a domestic assault, to accompany Johnson’s client to the matrimonial home to collect his belongings.

The officer, who wasn’t named, refused and an exchange became “heated and volatile,” with Johnson saying “f--- you” to the officer. They literally bumped chests, the officer accused Johnson of assault and vice-versa, and the officer handcuffed and arrested the lawyer. No charges were ever laid.

The law society hearing determined that Johnson’s abusive remark, which it said he immediately regretted, was “provoked” by the officer’s conduct, but didn’t excuse it. He has yet to learn his sanctions. Neither Johnson nor his lawyer, Greg DelBigio, wanted to comment.

Notably, the decision acknowledged it’s “not uncommon” to hear the f-word on TV and in movies, literature, humour and music, and that it’s used “in everyday conversation harmlessly and innocuously.”

The report noted it’s used by athletes, fans, prime ministers, Nobel laureates and Academy Award winners and by those who stub a toe, fall down skiing, make a mistake or utter a self-deprecating comment.

But “we wish to make clear” to lawyers that insults or profanity, if uttered in anger, are not acceptable, the report said.

Vancouver etiquette expert Margaret Page concurred emphatically that cursing, swearing or using deletable expletives in the workplace is “absolutely unacceptable,” despite wide use by role models.

Page said blue language lacks “sophistication” and indicates a lack of control.

“In a business setting, it makes many people very uncomfortable,” she said. “I don’t want people swearing in my face. It’s an angry word.”

She said that while she understands the sentiment behind the “F--- Cancer” campaign, because “cancer is hideous and needs to be eliminated,” it’s problematic when the slogan is worn on T-shirts.

UBC linguistics assistant professor Molly Babel said it is “becoming more acceptable to use certain swear words in certain environments.”

Babel said whether or not swearing is appropriate in a workplace depends on the corporate culture and on an individual. “The offence is in the ear of the beholder.”

A cursory survey of some of the largest employers in B.C. shows that profane language isn’t specifically named in standards of conduct, but would fall under policies outlining expectations for maintaining a respectful and professional workplace.

A website called funnysh--.com suggests its “try saying” guide for those with persistent potty mouth on the job, as in try saying, “It will be tight, but I’ll try to schedule it in,” instead of “Why the f--- didn’t you tell me that yesterday?”

2010: Mayor Robertson teed off on West End residents who showed up to express concerns about possible highrise apartment towers. “Who are all these f---ing ... who are these hacks, man? Are they ... NPA hacks?” Robertson asked, caught when the microphone was left on after a council meeting. “God, we’re just trying to have a little advisory committee, for f--- sakes.”

2. Pierre Trudeau

1971: Opposition MP s accused Prime Minister Pierre Trudeau of mouthing “f--- off” at them in the House of Commons. Trudeau says John Lundrigan and Lincoln Alexander were being “very sensitive” for “crying to mama and to television.” Pierre Trudeau later claimed the exact phrase he used to be the now famous “fuddle duddle.”

3. Joe Biden

2010: “This is a big f---ing deal!” U.S. Vice-President Biden, in a whispered remark — but picked up by media microphones — to Barack Obama just before the president signed his new health-care bill.

4. Justin Trudeau

2014: Liberal leader Justin Trudeau used some un-leaderly language when speaking at the Fight for the Cure charity boxing match. “I’m going tell you, there is no experience like stepping into this ring and measuring yourself,” he said. “All the ... your name, your fortune, your intelligence, your beauty ... none of that f---ing matters.”

5. Dick Cheney

2004: U.S. Vice-President Cheney stormed onto the Senate floor and told liberal Democrat Patrick Leahy to “go f--- yourself.” Cheney later appeared on Dennis Miller’s radio show, and recalled the moment as “sort of the best thing I ever did.”

Mounties are advising the public about a sexual-assault investigation in Surrey. The assault happened...

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